HomeMy WebLinkAboutORD 1370 - ORD Relating to House Moving & Building Moving
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ORDINANCE NUMBER 1370
AN ORDINANCE RELATING TO HOUSE MOVING AND BUILDING MOVING; AMENDING THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council has been advised that there is a
critical need to strengthen the ordi~ances of the City relating to
moving buildings, inasmuch 'as ther~ are numerous requests being made
for such moves and there are increasing numbers of reported problems
r.elating to safety, traffic control and physical disruptions caused by
buildings being moved;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
SECTION 1. Article VIII (entitled IIHouse Movingll and consisting
of Sections 19-151 et seq.) of Chapter 19 of the Code of Ordinances of
the City of West University Place, Texas is hereby amended to read in
its entirety as follows:
ARTICLE VII I
BUILDING MOVING
DIVISION 1. GENERALLY
Sec.19-151. Definitions.
In this Article:
IIBuildingll has the same meaning as in the City1s zoning ordinance,
except that a part of a building is included in this definition, and a
Small Portable Building, as defined in Chapter 6 of this Code, is
excluded from this definition. Disassembling or altering a building so
that it can be moved does not remove it from this definition, and the
parts are considered the same as the whole building for purposes of
this ordinance.
IlLicenseell means any person currently licensed under this article.
Sec. 19-152. License And Permit Required.
It shall be unlawful for any person to move a building, or to
attempt to move a building, upon or over any street, unless: (i) the
person in control of such activity is a licensee, and (ii) there is a
current, valid, bulding moving permit in effect for such activity,
which permit was issued to the same licensee who is in control of the
activity. It shall be unlawful for any person to fail or to refuse to
comply strictly with the provisions of this article in connection with
the moving of any building.
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Sec. 19-53. Equipment.
(a) Generally. No person shall move or attempt to move any
building by means of any equipment, unless: (i) the equipment has been
registered with the building official, (ii) the building official has
issued a certificate of compliance for such equipment, and (iii) the
equipment is owned or leased (long term) by the person moving the
building, is being purchased by that person or is on loan from another
licensee.
(b) Marking. All moving equipment shall be plainly marked in
letters not less than four (4) inches in height, showing the name of
the licensee who owns it, leases it or is purchasing it.
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(c) Lights on load. Amber or red lights at least four (4) inches
in diameter, with two (2) units to each side on the back not less than
three (3) feet nor more than six (6) feet from the ground, with one (1)
on each side in the center of the load, shall be required when a
building is being moved. There shall be comparable lights or amber
color across the front of the load, and these lights shall be in
operation at all times while the building is upon a street.
(d) Barricades, warning lights, etc. Barricades, warning lights
and other danger warning devices shall be placed wherever any building
is stopped on any street for any period of time in excess of ten (10)
minutes.
Sec. 19-154. Authority to require additional safety equipment.
The building official is hereby authorized to specify required
safety equipment to be employed while,any building i,s being moved upon
the streets, in addition to the equipment'specified in this article.
Sec. 19-155. Establishment of times, routes, etc., for moving. '
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(a) The building official shall have authority to establish and
direct, as a condition to the issuance of a permit under this article,
the earliest and latest time when the house moving shall start and the
time within which it shall be completed, the routes10ver which,
buildings of specified dimensions may be moved and such other
regulations and conditions which he may deem necessary, and any
deviation therefrom shall constitute an offense. The building official
may deny the use of any route or portion thereof if there is a
probability of unreasonable disruption to trees, public facilities, use
of the streets, or other facility or activity. No move shall begin
until the building is loaded on the equipment, an inspection of the
loaded rig by the building official has been requested and the building
official has been given at least twelve hours advance notice of the
exact time when the move is planned to start. The licensee may give
notice of cancellation of such a scheduled start. If such notice is
given not less than four (4) hours ,prior to the: scheduled start~ no
additional fee is required for the rescheduling of a move.
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(b) Route changes may be authorized by the building official or
his authorized agent.
(c) The building official shall determine the proper size limits
of the building or part thereof that may be moved. The building
official may impose a special size restrictions in connection with a
move over a particular requested route in order to minimize disruption
to trees, public facilities, use of the streets or other activities or
facilities. In no event may the height of a structure being moved
exceed 14.5 feet, except that a central peak may extend to a height not
to exceed 17.5 feet, nor may the width exceed 30 feet. Height and
width are determined by measuring the building loaded on the equipment,
including any vehicle, braces or wheels that may be used for the move.
Sec. 19-156. Maximum time limit.
No move authorized pursuant to this article may use the streets
for a period of time in excess of twelve (12) hours.
Sec. 19-157. Inspection of rnute prior to moving.
All routes over which a building is to be moved shall be
physically inspected prior to each haul by the licensee, the building
official and other concerned persons.
Sec. 19-158. Escort by officer or officers.
Unless an exemption is approved by the chief of police, every
building being moved upon or over any street must be accompanied by a
police officer of the City, except when it is temporarily stopped and
marked as provided for herein. The licensee shall be responsible for
scheduling the move and the availablity of the police officer wiht the
chief of police. The chief of police must approve the arrangements
made for the use of the police officer.
Sec. 19-159. When observer required.
An observer designated by the building official will be required
whenever the building official determines that the presence of such an
observer is necessary.
Sec. 19-160. Authority of police escort or observer to stop moving,
inspect equipment.
The police escort and the building official observer are each
hereby empowered to stop any mover at any time for the purpose of
inspecting the rigging, trucks and lighting and its relationship to
trees, power lines or other obstructions.
Sec. 19-161. Authority of observer to aid traffic control.
A building official observer is hereby empowered to aid and assist
the police escort in traffic control.
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Sec. 19-162. Continuous motion required when occupying street.
During the entire time that a building is occupying the street, or
any portion thereof, the licensee shall make every reasonable effort to
keep it continuously in motion toward its destination and, insofar as
practical, he shall not allow the work of moving to sto~ during such
time.
Sec. 19-163. Building not to be left unattended on street.
No building shall be left unattended on any street.
Sec. 19-164. Removal from street by city.
When a building is left on a public street, and, in the opinion of
the chi ef of po li ce, the mover is not proceeding wi th all di 1 i gence, or
appears to have no reasonable likelihood of succesfully moving the
building from the street, the chief of police shall have authority to
remove or cause the removal of slich building, and all costs pertaining
to such removal shall be paid by the licensee.
Sec. 19-165. Utilities.
(a) Disconnecting utiliUes~ It shall be unlawful for any
licensee to disconnect any utility connection without the consent of
the utility serving such connection. '
(b) Removing or destroying poles or wires. It shall be unlawful
for any licensee to remove, tear down or destroy any pole, street name
signs~ traffic signs, utility facilities, wire or other property
belonging to the-city or to any franchisee of the city without the
consent of city or the franchisee, as the case may be.
Sec. 19-166. Cutting down trees or branches.
It shall be unlawfulfor any licensee' engaged in moving a building
to cut down any tree or to cut any branches therefrom without prior
approval of the building official. This approval must be obtained in
addition to any tree permit required by another ordinance of the City
and in addition to the approval of any other person who may own the
tree in question (in the case of trees outside the stre~t).
Sec. 19-167.
Remova ~ of eqUipment: and de,bri s: from vacated premi seS.
(a) It shall be the duty of the licensee, at. the times required by
this section:
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(i) to remov~ ahd properly dispose of all equipment, slab,
~orche~, beams, rubble, steps and other debris resulting from
the moving of any building; and
(ii) to grade the surface of all ground occupied by the
; 'bui 1 ding moved orotherwlse affected by the move, such
grading to be accomplished so that water will not accumulate
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Ord~nance,Number 1370
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and the the ground can be mowed with ordinary domestic
lawnmowing equipment.
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(b) The -removal, disposal ,a.ndgrading shall be commenced by the
licensee as soon as practicable ,after the building is moved and must be
prosecuted diligently to completion,by the .licensee. In all cases, the
licensee must complete the removal, disposal and grading on or before
the tenth day following the day the building is moved. It is an
affirmative defense to prosecution for a delay in completion that
inclement weather prevented the completion and diligence was used to
complete the work at the earliest practicable time.
(c) It is an affirmative defense to any prosecution under this
section that another responsible person has signed and filed wit the
building.official a written .document (on a ,form prescribed by the
building official) assuming the licensee's duties under this section
with respect to the violation alleged in the prosecution.
Sec. ,19-168. Removal of Debris, etc..
It shall be the duty of the licensee to remove and properly
dispose of all trash or debris in any street resulting from the moving
of any building, and such work shall be done within four hours
following the time that the :moye is completed.
Sec. 19-169. Notice of completion; repair of damage to public
property.
(a) Whenever a licensee has completed a move under permit, and
the building no longer occupies any part of the street, he shall
promptly notify, the building official of such fact. The building
official shall cause an inspection to'be made of the route of moving.
If he finds that the licensee has caused damage to the streets, curbs,
gutters, sidewalks or other public property, he shall notify the
licensee of such fact, specifying the damage, by mailing to him a
written notification at either of the addresses listed in the
licensee's application. The licensee shall proceed w.ithin two (2)
days, from the date of such notification to begin the work of repairing
the damage, which work shall be promptly done and completed under the
supervision of and to the entire and complete satisfaction of the
building official.
(b) In the event that the licensee fails to begin work within two
(2) days, or fails to continuously proceed therewith promptly and
expeditiously, or fails to complete it to the entire and compete
satisfaction of the building official, the building official may
promptly, and at his discretion, cause the damage to be repaired on
behalf of the city. In such, case, the building official shall make and
execute a certificate, setting out the relevant facts pertaining to the
transaction, and shall certify therei.n the amount of damage sustained U
by the city and shall file the certificate with the city manager. The
licensee, by accepting the permit. provided for in this article, does
thereby constitute and appoint the building official as his agent and
representative with full power and authority to bind the licensee and
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his surety to prepare and file 'such certificate. Upon the filing of
the certificate, the amount stated therein shall be and become a sum,
1 i qu i da ted and certa in, owi ng to' .the city by the 1 i censee and the
surety on his bond and, in any suit involving such sum, the facts
recited in the certificate and the amount-of damage certified therein
shall in all things be presumed to be true and binding upon the
licensee and his surety in the absence of clear, convincing and
unmistakable proof that the building official has acted arbitrarily and
without any evidence whatsoever of such facts.
(c) Notwithstanding the foregoing provisions, the city may, as an
alternative, and at the city's option, make or cause to be made repairs
to its property damaged by the licensee and the licensee shall be .
obligated to pay the city reasonable costs of such repairs.
Sec. 19-170. Completion certificate. -
The building official shall issue a completion certificate after
the move has been completed, all inspections are made and approval has
been given by the building official. Such certificate shall not be
issued until repairs or replacements have been made for any public
property damaged in such move and the removal, disposal and grading
work required by this article have been completed.
Secs. 19-171-19-180. Reserved.
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DIVISLON 2. LICENSE AND. PERMIT
Sec. 19-181. Business license.
(a) Generally. The application, review, issuance and appeal
processes set out in Chapter 6 for building permits shall also apply to
house' moving licenses, except that the building. official.:inay modify the
contents of the application to conform to this chapter.
(b) Application. Any person desiring to engage in the business
of building moving shall make app~icationfor a. license to the building
official. It shall contain: the following,,;
(1) The name of. the applicant and his residence and business
address. If a partnership or association, the application
shall state the names of all partners, their residence
addresses and the office address of the partnership or
: association'.'" If a corpor.ation,' the app-lic.ati.on shall state
the names' andres idence. addre.sses" :0f a lJ officers and.
directors, the state of incorporation and the principal :'
office of the corporation.
(2) A statement that the applicant (or officers, if applicant is
a corporation) has read and thoroughly understands the terms
of this article and agrees to abide by its terms.
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Ordinance Number 1370
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(3) The application shall be signed by the applicant, if an I,::,J
individual; by a partner,if.a partnership; by the president,
if an association or corporation.
(4)' The application shall contain such other information as. may
be required by the building official.
(c) Li cense fee. The annua 1 _fees for new 1 i cneses and renewal
licenses (which are renewed before they expire) shall be as set out in
the fee schedule on file in the office of the city secretary. Such fee
shall be paid at the time the application for the license if filed. No
part of this fee shall be refunded whether or not a license is granted
or renewed, but shall be held by the city to reimburse its expenses of
investigation and inspection.
(d) Inspection of applicant's equipment. Prior to_the issuance
of a license (other than renewal license), the building official or his
duly authorized agent shall inspect the moving equipment intended to be
used by the applicant, and~ if 'such'equipment is safe and adequate and
in compliance with the provisions of this article, a certificate shall
be issued for display upon or within each approved tractor or towing
unit. '
(e) Issuance. The building official shall examine the
application for a license under this article and make such
investigation as may be necessary and if, in his opinion, based upon
such application and investigation, the applicant is entitled to a
license, he shall issue to the applicant a license upon the execution
and delivery of the bond and insurance documents required by this
article.
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(f) License not transferable. A license issued under this
article shall be personal to the' licensee and shall not be transferable.
(g) Expiration and renewal of license. .A license issued under
this article shall expire at midnight the following December 31, and
any renewal thereof shall similarly expire upon the following December
31. Prior to expiration, a license may be renewed, if such license has
not theretofore been revoked or suspended, by payment of the required
renewal fee and the continuation in force of the licensee's bond
. pending the filing of a new bond, and the continued satisfaction of the
insurance requirements of this article. In the event such license is
under suspension, the license will not be renewed until the suspension
period has ended; however, there shall be no proration of the license
fee.
(h) Suspension, revocation. The building official is empowered
to suspend or revoke the license of any licensee who violates any
provision of this article, or where there are grounds for revocation of
permits under Chapter 6 of this Code. No suspension or revocation IlJ'
shall bar a prosecution of the same offense. The suspension and
revoc~tion ~rocedure~ of Chapter 6 of this Code, including appeal
procedures, shall apply.
Ordinance Number 1370
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Sec. 19-182. Moving permit. ,
(a) Required; applicatiori. Any licensee desiring to move any
building shall, at least three (3) days prior to the date upon which it
is desired to make :such more, apply to the .city building inspection
office for a permit, showing the present location of the building, the
proposed route of moving, the size and type of constructionand such
other information as the building official may require.
(b) The permit fees shall be as stated in the current City fee
schedule.
(c) Issuance. The building official shall examine the
application for a permit under'this:article, and if it is in order, he
shall issue the permit, in duplicate;
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(d) Contents. Each permit issued under this article shall show:
, (1) The name of the licensee. -
(2) The present location of the building, which must be a
location inside the City.
(3) The proposed destination, which must be a location inside the
City, provided that this section does not prohibit the moving
of portable buildings to a location inside the city from
inside the City or 'from outside the City in those specific
instances authorized by Chapter 6 of this Code, subject to
the limitations therein stated.
(4) The route of moving, as approved by the building official. .
(5) The date and time during which the building will occupy the
street.
(6) The time that the building will be permitted to traverse the
streets. '
(7) The size and type of construction of the buiding or parts
thereof.
. (8) Evidence that arrangements have been made with utility
companies, franchisees and the city for the rearrangement of
any installations where required in order to prevent damage
thereto.
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(9) The receipt of the permit fee.
(e) Permits nontransferable. Permits issued hereunder shall be
nontransferable.
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Ordi'nance Number 1370
(f) Procedures. The issuance, revocation and suspension of
permits shall be governed by the same rules as licenses, which rules
include appeals in the manner prescribed by Chapter 6 of this Code.
Sec. 19-183. Mover's bond and insurance.
(end of Article III)
SECTION 2. The city's standard fee schedule is hereby amended to
include the following fees:
Basic moving permit
$500.00
Additonal fee for reeschedulin9 a move upon less than 12 hours
notice $100.00
Additional fee for applying less than three days before move
$100.00
New moving license
$400.00
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Renewal license
$200.00
(Note: these fees are doubled in case application is made after
move has been made ,orqttempted under cirsumstances where there
was not a current license or permit in effect.)
Amount of mover's bond
$10,000
SECTION 3. This ordinance applies to all moves beginning on or
after its effective date. The new insurance requirements apply to all
licenses issued or renewed on or after the effective date. The
existing ordinances are continued 1neffect for moves beginning prior
to the effective date and for violations commited prior to the
effective date.
SECTION 4. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to.the extent of the conflict only.
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SECTION 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof
to any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the
remainder of this ordinance and the application of such word,
phrase, clause, sentence, paragraph, section or other part of this
ordinance to any other persons or circumstances shall 'not be
affected thereby. .
SECTION 6. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place
and subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the
Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17,
as amended, and that each such meeting has been open to the public
as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and
confirms-such notices and the contents and posting thereof.
SECTION 7. This Ordinance shall take effect and be in force on
the tenth day following its publication, as required by Section
2.12 of the City Charter.
PASSED AND APPROVED ON FIRST READING this the 14th day of
May , 1990. -
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Watson
Councilmember Jenkins
Councilmember Redeker
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Ordfnance Number 1370
PASSED AND APPROVED ON SECOND AND FINAL READING this the 2.9..t.b
day of May , 1990.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Wats'on "
Voting No: None
Absent: None
. Signed: :'"
Laura C. Higley, Mayor
ATTEST: .
Approved as to Form:
Audrey Nichols
City Secretary
.James L. Dougherty ,Jr.
City Attorney
(SEAL)
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